Transcript FAMILY FRIENDLY POLICIES - University of Maryland, College

March 7, 2014
Academic Leadership Forum
Diane Krejsa, Deputy Chief Counsel
1
• Efforts to be “family friendly.”
• To ensure each eligible employee has eight (8)
workweeks of paid leave following the birth,
adoption or placement of a child under age six
(6) for foster care.
• Separate Faculty and Staff policies
• Faculty Parental Leave is addressed in
USM II-2.25 and UM II-2.25(A)
• http://www.president.umd.edu/policies/ii225.html
• http://www.president.umd.edu/policies/ii225a.html
• Different policies for faculty and staff because of
different leave types for each group.
2
•
•
Utilizes faculty member’s own accrued leave
first, e.g., creditable sick, personal, annual
or collegial, if applicable.
Augmented by leave paid by the
dept/institution to complete a total of 8
workweeks of paid leave.
3
•
•
Eight (8) consecutive workweeks of paid parental
leave is available to eligible faculty even when
faculty member does not have sufficient accrued
leave available.
Leave may be taken any time in period 6 months
before and up to 12 months after birth or
placement of child under age six (6) for adoption
or foster care.
4
•
No work duties are required while on Faculty
Parental Leave.
5
•
•
•
All faculty who are employed 50% FTE or
more and who have been employed at least 1
semester (instructional) or 6 months (noninstructional).
May use 1X in a 12 month period.
May use 2X total while a University employee
(unless otherwise approved by the President).
6
•
•
When using their own earned accrued leave
(creditable sick, personal, annual) or collegial
leave, faculty parents may take parental leave
concurrently.
When leave is paid for by the dept/institution,
faculty parents must take parental leave
sequentially. The faculty member taking
parental leave must be the primary caregiver.
7
•
Step 1 – Use Own Accrued Leave
•
Step 2 – Use Collegial Leave
•
Step 3 – Use Leave Paid by the Dept/Institution
This is a new kind of paid leave.
It is not earned over time; if faculty are eligible,
it is simply available for their use.
It does not need to be repaid to the institution.
Creditable sick leave
Personal leave
Annual leave
8
•
•
Medical documentation is not required to use
faculty parental leave.
Proof of placement of a child for adoption or
foster care is not required to use faculty
parental leave.
9
•
If a faculty member has additional accrued
leave, e.g., annual or sick leave, he/she may
use it for additional paid leave, subject to any
policy limitations and the approval of the
Chair or Dean.
10
•
•
If faculty member is eligible for FMLA, he/she
may take additional time off for childbirth or
adoption in the form of unpaid FMLA leave.
Faculty employed by the University for 1 year or
longer or on an academic year contract of at least
50% FTE prior to the date of the requested leave
(and who have worked at least 26 weeks in the
year preceding the commencement of leave) are
eligible for up to 60 days of FMLA leave per
calendar year for childbirth, adoption or foster
care.
11
•
•
Use of Faculty Parental Leave is automatically
counted concurrently as FMLA leave.
Thus, use of 8 weeks of Faculty Parental
Leave (e.g. 40 days) reduces 60 day allotment
of FMLA leave to 20 days.
12
•
•
•
Eight (8) consecutive work
weeks.
Paid leave is guaranteed for
all eight (8) weeks. (Must
use own accrued leave
first.)
Eligible after one semester
(instructional) or six
months (non-instructional).
Parental Leave
•
•
•
Twelve (12) weeks or 60
work days.
Paid leave is not
guaranteed. Paid leave
requires use of own accrued
leave.
Eligible after 1 calendar
year provided worked 26
weeks in year prior to leave.
FMLAChildbirth/Adoption
13
•
•
•
May use 2X in career;
1X in 12 months.
Eight (8) weeks
(continuous) for
bonding with child.
•
Parental Leave
May use for unlimited
qualifying events, but
use for other FMLA
purposes may cap the
amount remaining for
childbirth/adoption, e.g.,
care of sick parents;
difficult pregnancy.
Twelve (12) weeks may
be used intermittently.
FMLAChildbirth/Adoption
14
•
•
•
Modified Duty Plan is also available for period of
up to six (6) additional weeks in the same
semester Faculty Parental Leave is taken.
While on Modified Duty Plan, faculty member
remains on FULL SALARY with reduced duties.
(Faculty are expected to continue supervising
research activities and advising graduate
students.)
Purpose is to provide support for new parents
while assuring continuity in student instruction
and other critical faculty duties.
15
•
•
Parental leave may span two (2) semesters. (Policy
provides it may be taken from six (6) months before to
twelve (12) months after birth or placement of child for
adoption or foster case.)
A Modified Duty Plan also may be taken in period from six
(6) months before to twelve (12) months after birth or
placement of child for adoption or foster care.
•
Modified Duty Plan may be requested during one (1) of the
two semesters the faculty member takes Parental Leave.
•
Typically, faculty have a Modified Duty Plan during the
semester in which the bulk of the parental leave is taken.
16
•
The combined period of Paid Parental Leave
and Modified Duty must be concluded within
twelve (12) months of the birth or placement
of the child for adoption or foster care.
17
•
•
Both male and female faculty parents qualify
for Modified Duty Plans.
If both faculty parents wish to have modified
duty plans, during the modified duty plan
period, the faculty member on modified duty
should be acting as the primary caregiver
during normal working hours. In other
words, the two modified duty plans should
occur during sequential rather than
concurrent periods.
18
•
Modified Duty Plans may involve: workload
modifications, part-time employment, additional leave.
•
Instructional faculty examples:
•
Non-instructional faculty examples:
• reduction in teaching assignments;
• reduction in faculty committee obligations.
• Faculty will not be required to make up a reduced course
load at a later time.
• reduction in oversight responsibilities in laboratories.
• Reduction in mentoring of students or junior researchers.
• Modified duty plans are subject to limits established by
contract or grant by the funding agency responsible for
the faculty member’s salary support.
19
•
•
Plan should be drawn up by faculty member
and dept./unit head at the faculty member’s
request.
If faculty member and dept./unit head are
unable to finalize a plan, or a plan requires
additional resources, the dean or other
academic affairs administrator should assist
in completing the plan.
20
•
•
•
Parental Leave policy provides that mothers must have access
to a private space where they may express milk.
Need not be a dedicated, permanent space.
Space may be a conference room, lunchroom or other private
room with
• Seating
• Table or other flat surface
• Ability to lock a door
• Access to an electrical outlet
• Access to a nearby sink.
21
•
Faculty Parental Leave policy expressly
protects against reprisals in any appointment,
evaluation, promotion, tenure review or other
employment-related process as a result of
use of any of the benefits provided by the
policy.
22
•
Tenure-track faculty who become parents by
birth or adoption of a child receive an
automatic one-year extension of date for
mandatory review upon written notice.
• Maximum of 2 extensions.
•
University Policy on Extension of Time for
Tenure Review II-1.00(D)
http://www.president.umd.edu/policies/ii100dnew.html
23
•
How does faculty member initiate the
extension?
• Submit Notification of Delay of Mandatory Tenure
Review Due to Childbirth or Adoption form to Office
of Faculty Affairs.
• Normally, process should be initiated within one
month of expected arrival of the child.
24
•
•
Extension of Tenure Review Period may be requested
for other reasons --but it is not granted
automatically.
Other reasons an extension may be requested (nonexclusive list):
• Personal illness or injury.
• Care of ill or injured dependents, including children,
relatives or other persons dependent on the faculty
member for care.
• Death of a spouse, family member or other closely affiliated
person.
25
•
•
•
Tenure-track and tenured faculty may request
temporary part-time appointments due to childbirth
or adoption (provided they are the primary caregiver
of the child, e.g. responsible for 50% or more of
care).
See II-1.10(A) UM Policy for Part-Time Status of
Tenured or Tenure Track Faculty at
http://www.president.umd.edu/policies/ii110anew.html
See II-1.10 Board of Regents Policy on Part-Time
Tenure-Track and Part-Time Tenured Faculty at
http://www.usmh.usmd.edu/regents/bylaws/SectionI
I/II110.html
26
•
Part-time status must be at least 50% FTE.
27
•
Period of temporary Part-Time Appointment:
• Tenure-track faculty
• Minimum of one (1) semester
• Maximum of two (2) years.
• Tenured faculty
• Minimum of one (1) semester
• Maximum of two (2) years (renewable).
28
•
•
The policy is intended to benefit faculty who
seek temporary part-time status in order to
prepare for a newborn child and/or care for a
child under the age of five years, including
children placed in the home as a result of
adoption or foster care.
Eligibility extends from 3 months prior to 5
years following the birth or placement of a
child for adoption or foster care.
29
•
Make a written request to Chair/Unit head.
•
Request must be submitted by end of semester
before the part-time appointment is slated to begin.
•
Faculty and Chair/Unit head negotiate terms of
reduced obligations (e.g., reduction of teaching load,
service commitments).
•
Faculty and Chair/Unit document agreement in
Memorandum of Understanding (MOU).
•
Dean and Office of Faculty Affairs, Provost’s Office
approve.
30
•
•
Tenure review may be delayed for maximum
of 1 year based on temporary part-time
status.
Faculty with temporary part-time
appointments of greater than 50% FTE
ordinarily will not be considered for a delay of
of tenure review.
31
•
•
Tenure-track faculty may be granted both:
• a one (1) year delay due to childbirth/adoption or
other reasons and
• an additional one (1) year delay due to temporary
part-time status, resulting in a total extension of
two (2) years.
Tenure-track faculty normally may receive no
more than two (2) one-year tenure review
delays.
32
•
Examples:
• A faculty member on a 50% appointment for the maximum period
of 2 years would be reviewed in the 7th year rather than the 6th
year. Part-time appointments (regardless of length) delay the
mandatory tenure review by one year.
• A faculty member on a 50% appointment for the maximum period
of 2 years would be reviewed in the 7th year. However, if the
faculty member is approved for two one-year delays in the tenure
clock (due to automatic delays following separate births of 2
children), the review would occur in the 9th year.
• A faculty member on a 100% appointment with two one-year
delays (due to automatic delays following the separate births of 2
children) would be reviewed in the 8th year.
33
•
Faculty are entitled to up to twelve (12) workweeks or sixty
(60) days of leave every calendar year for the following
qualifying events:
• Birth or placement of a child for adoption or foster care.
• Need to care for a child within twelve (12) months of birth
or placement.
• Need to care for an immediate family member with serious
health condition.
• Faculty member’s own serious health condition.
• Leave to care for a school-age child under age fourteen
(14) during the child’s school vacations
• Provided leave does not create a hardship on the
operational needs and work schedules of the unit.
34
•
•
•
•
FMLA leave is unpaid leave.
• It does not accrue.
• It does not roll over to the next year if it is not used.
Faculty may be paid during FMLA leave using available
accrued leave (subject to any policy restrictions applicable
to the type of leave used).
University may charge accrued leave used by faculty
member for an FMLA qualifying event to the faculty
member’s FMLA allotment of sixty (60) days.
If the need for FMLA leave lasts longer than the number of
paid leave days, the remaining period of FMLA leave is
unpaid.
35
•
Complete application thirty (30) days before
leave is to begin.
•
Faculty must provide any documentation
specified as required by the policy.
•
•
Leave for serious health conditions of the faculty
member or that of his/her immediate family
member requires medical documentation.
Leave for childbirth also requires medical
documentation under FMLA (but not under the
Parental Leave policy).
36
•
If faculty member is paid while on FMLA
leave, health benefits continue as usual.
• Employer and employee both contribute to the
health insurance premiums.
• The employee contribution is deducted from the
employee’s paycheck.
• Annual and sick leave continue to accrue at same
rate since employee is on payroll.
37
•
If faculty member is unpaid while on FMLA
leave, he/she may elect to continue health
insurance benefits.
• Must make arrangements with UHR Benefits Office
to pay the employee contribution to health
insurance benefits (since otherwise no paycheck
being issued from which contributions may be
deducted).
• Faculty will not continue to earn annual or sick
leave while on unpaid FMLA.
38
•
•
Sick leave is accrued at rate of 1.25 days per month or
15 days per fiscal year.
Faculty Sick Leave Policy has been amended twice by the
Board of Regents in the last 2 years to allow greater
flexibility in faculty use of accrued sick leave.
• In June 2013 – amended to clarify that faculty could use up to 15
days of accrued sick leave to attend to the medical care of a family
member, and for purposes of faculty parental leave.
• In February 2014 – amended to allow faculty to use an unlimited
amount of accrued sick leave to attend to the medical care of a
family member.
•
See BOR II-2.30 Policy on Sick Leave for Faculty
Members at
http://www.president.umd.edu/policies/II230.html
39
•
Faculty may use Accrued Sick Leave:
• For his/her own illness or medical appointment.
• For female faculty member’s own medical condition related to
childbirth or immediate physical recovery therefrom.
• To care for a sick immediate family member or bring to medical
appointments.
• Immediate family member includes: spouse, child, step-child,
grandchild, mother, father, mother-in-law, father-in-law, brother,
sister, grandparent, brother-in-law, sister-in law or legal dependent or
any other relative who permanently resides with and is cared for by the
faculty member.
• Faculty member may be required to provide medical verification and
other documentation.
40
•
Faculty may use Accrued Sick Leave:
• For Bereavement of a close relative.
• Up to 3 days or up to 5 days if the death requires travel and
stay overnight.
• Close relative means a spouse, child, step-child, parent (or
someone who took the place of a parent), mother-in-law,
father-in-law, brother, sister, brother-in-law, sister-in-law,
or other relative who permanently resided in the faculty
member’s household.
• One day may be used for reasons related to the death of an
aunt, uncle, niece or nephew of the faculty member or his or
her spouse.
41
•
Faculty may use Accrued Sick Leave:
• For Childbirth and Parental Leave
• Either faculty parent may use accrued sick leave
following the birth or placement of a child with the
faculty member for adoption, subject to the provisions
of the Faculty Parental Leave policy.
42
•
THANK YOU.
If you have any questions, please do not
hesitate to contact me at 301-405-4996 or
[email protected]
•
43